1988 P Cr (PLP)
Mirza NAZIR AHMAD BAIG‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Rafiq Tarar, J |
| Parties | Mirza NAZIR AHMAD BAIG‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (Mirza NAZIR AHMAD BAIG‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Shaukat Rafiq Bajwa for Petitioner.
Headnotes / Summary
‑‑‑S. 426‑‑Emigration Ordinance (XVIII of 1979), S.22‑‑Suspension of sentence‑‑Accused 69 years old‑‑Report of Medical Officer showing that he was sick due to old age‑‑Sentence suspended. C . M. Latif for the State.
Judgment & Decree
This is a petition for suspension of sentence on behalf of Nazir Ahmad Baig petitioner who has been convicted under section 22 of the Emigration Ordinance, 1979 and sentenced to rigorous imprisonment for five years and a fine of Rs.80,
000. This is his second petition for the suspension of sentence. Criminal Miscellaneous No.1 of 1987, previously filed by him, was dismissed on merits on 10‑1‑1988.
2. The suspension of sentence is being claimed on health ground. Learned counsel states that the petitioner is 69 years of age and is a sick and infirm person. He has produced photo copies of the identity- card and pension payment order in proof of the age of the petitioner. Learned counsel for the State has vehemently opposed the prayer. He submits that the petitioner is not suffering from serious ailment and his co‑accused is still absconding.
3. The photo copies of the identity card and pension payment order, referred to above, show the date of birth of the petitioner as 15‑2‑1919, meaning thereby that he is above 69 years of age by now. The report of the Medical Officer, Central Jail, Lahore, shows that urinary tract infection has resulted in retention of urine due to enlarged prostate. According to him, the trouble is due to old age. Report further shows that he is being treated as an out‑door patient in the jail hospital. In view of the above, I feel inclined to the view, that proviso 1 to section 497(1), Cr.P.C. is attracted to the case of the petitioner. Accordingly his sentence is suspended subject to his furnishing security in the sum of one lac rupees with two sureties in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. M.Y.H./N‑112/L Petition allowed.